SCHEDULE IIHOUSING COSTS
Housing costs
1.
(1)
Subject to the following provisions of this Schedule, the housing costs applicable to a claimant in accordance with regulation 6(6)(c) are those costs—
(a)
which the claimant or, if he has a partner, his partner is, in accordance with paragraph 3, liable to meet in respect of the dwelling occupied as the home which he or his partner is treated as occupying; and
(b)
which qualify under paragraphs 11 to 13.
(2)
In this Schedule—
(a)
“disabled person” means a person—
(i)
aged 75 or over;
(ii)
who, had he in fact been entitled to income support, would have satisfied the requirements of paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the Higher Pensioner and Disability Premiums); or
(iii)
who—
(aa)
has not attained the age of 19 and for whom the claimant or his partner is responsible;
(bb)
(cc)
(b)
“housing costs” means those costs to which sub-paragraph (1) refers;
(c)
“standard rate” means the rate for the time being specified in paragraph 9.
(3)
(4)
In this Schedule, “non-dependant” means any person, except someone to whom sub-paragraph (5), (6) or (7) applies, who normally resides with the claimant.
(5)
This sub-paragraph applies to—
(a)
a partner of the claimant or any person under the age of 19 for whom the claimant or the claimant’s partner is responsible;
(b)
a person who lives with the claimant in order to care for him or for the claimant’s partner and who is engaged for that purpose by a charitable or voluntary organisation which makes a charge to the claimant or the claimant’s partner for the care provided by that person;
(c)
the partner of a person to whom head (b) above applies.
(6)
This sub-paragraph applies to a person, other than a close relative of the claimant or the claimant’s partner,—
(a)
who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of his occupation of the claimant’s dwelling;
(b)
to whom the claimant or his partner is liable to make payments on a commercial basis in respect of his occupation of that person’s dwelling; or
(c)
who is a member of the household of a person to whom head (a) or (b) above applies.
(7)
This sub-paragraph applies to—
(a)
a person who jointly occupies the claimant’s dwelling and who is either—
(i)
co-owner of that dwelling with the claimant or the claimant’s partners (whether or not there are other co-owners); or
(ii)
jointly liable with the claimant or the claimant’s partner to make payments to a landlord in respect of his occupation of that dwelling;
(b)
a partner of a person to whom head (a) above applies.
(8)
For the purpose of sub-paragraphs (4) to (7) a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.
(9)
In sub-paragraph (8), “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.